This property has operated as a fuel storage and distribution site since 1930, first as a coal yard and fuel oil company, and currently as Rossoe Energy Systems, a home heating system facility with an active underground storage tank system fueling a tanker truck fleet for home fuel delivery. The site has been on Ecology's Confirmed and Suspected Contaminated Sites List since January 1989, with diesel-range petroleum hydrocarbons and free product encountered near former USTs. Although prior cleanup actions were reported, they were never formally closed, and contamination remains on site requiring further remediation. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Pre-1986 Commercial General Liability (CGL) policies were occurrence-based and did not contain an effective pollution exclusion in Washington. If contamination occurred while those policies were active, those historical insurance carriers may still have a legal obligation to fund the cleanup costs, even if the business closed or the property changed hands.
Petroleum contamination at this property traces to fuel oil storage and distribution operations that began more than five decades before 1986, when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion in Washington. The site's ongoing remediation obligations — assessment, monitoring, and cleanup actions still required after more than three decades on Ecology's contamination list — represent costs that historical carriers who issued CGL policies during those pre-1986 operational decades may be obligated both to reimburse and to fund going forward.
Restorical's role is to locate viable historical policies, determine whether a successful coverage claim is possible, and assist our clients and their legal counsel to obtain insurance coverage. Restorical then manages the claim, including accounting, to ensure the cleanup is funded in a timely manner.
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Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.